Senate Bill 0018

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999        (NP)                        SB 18

    By Senator Grant





    13-30-99

  1                      A bill to be entitled

  2         An act relating to Pinellas County; providing

  3         for the relief of the Appellees in the Appeal

  4         Case No. 97-767, 5th District Court of Appeal;

  5         providing for an appropriation to compensate

  6         them for legal costs incurred as a result of a

  7         suit brought by Pinellas County; providing an

  8         effective date.

  9

10         WHEREAS, on January 16, 1996, Pinellas County sued the

11  Southwest Florida Water Management District, the Coalition of

12  Lake Associations, Inc., and several property owners in

13  Northwest Hillsborough County and Pasco County in the Pinellas

14  County Circuit Court seeking a Declaratory Judgment that the

15  Respondents in the suit could not petition for redress of

16  grievances against Pinellas County for excessively withdrawing

17  water from some wellfields and thereby causing damage to

18  lakes, wetlands, and property, and

19         WHEREAS, after several hearings on the Motions to

20  Dismiss, the Circuit Court in Pinellas County ruled that venue

21  was improper in Pinellas County and transferred the case to

22  the Hernando County Circuit Court, and

23         WHEREAS, on February 20, 1997, the trial court in

24  Hernando County, after reviewing the complaint and hearing

25  arguments from counsel, dismissed the Petition for failure to

26  state a cause of action and as being premature, overbroad, and

27  speculative in nature, and

28         WHEREAS, Pinellas County appealed the Order and Final

29  Judgment of the Hernando County Circuit Court to the 5th

30  District Court of Appeal (Appeal Case No. 97-767), and

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    Florida Senate - 1999        (NP)                        SB 18
    13-30-99




  1         WHEREAS, Pinellas County claims that some Respondents

  2  in the suit had threatened to bring a class action suit

  3  against Pinellas County for damages allegedly caused by

  4  declines in lake levels, and

  5         WHEREAS, the Pinellas County Petition has many

  6  attributes of a "SLAPP" suit, which is a strategic lawsuit

  7  against public participation in the processes of government as

  8  established in Florida Fern Growers Ass'n v. Concerned

  9  Citizens of Putnam County, 616 So. 2d 562 (Fla. 5th DCA 1993),

10  and

11         WHEREAS, the Pinellas County Petition was brought to

12  punish the Coalition of Lake Associations, Inc., and

13  individual members and nonmembers of the association who are

14  vocal and active in the community in advocating against

15  overpumping of wellfields in their areas, and

16         WHEREAS, the Pinellas County Petition has the effect of

17  singling out a handful of citizens, who may or may not be the

18  proper plaintiffs in any potential action against Pinellas

19  County, and places upon these citizens, who are the Appellees

20  in the appellate court, the burden of extensive litigation

21  costing $200,000, NOW, THEREFORE,

22

23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  The facts stated in the preamble to this

26  act are found and declared to be true.

27         Section 2.  The Board of County Commissioners of

28  Pinellas County is authorized and directed to appropriate from

29  funds of the county not otherwise appropriated and to draw a

30  warrant in the sum of $200,000 payable to the Appellees in

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999        (NP)                        SB 18
    13-30-99




  1  Appeal Case No. 97-767, 5th District Court of Appeal, to pay

  2  their legal costs incurred in the trial and appellate courts.

  3         Section 3.  This act shall take effect upon becoming a

  4  law.

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